MinterEllison's Government Industry Group has played a leading role in advising on some of the largest and most complex procurement and outsourcing projects for government.
Our focus is on the successful delivery of a robust, transparent and defensible procurement which meets the commercial and business needs of the government client and puts in place the framework for successful contract management over the life of the contract.
Our experience includes a broad range of project delivery models such as: traditional construction procurement, partnering/alliancing, target price contracts, guaranteed maximum price contracts, design/build, PPPs, and construction management and other fast-track procurement strategies.
Our team has a deep understanding of the legislative and policy framework within which government procurement processes take place. We advise on applicable Commonwealth and State procurement policies, including the Commonwealth Procurement Rules, resource management policy guidance, the National Code of Practice for the Construction Industry and the Statement of Intellectual Property Principles for Australian Government Agencies.
We have extensive knowledge and experience of the Commonwealth Procurement Rules (CPRs), and have advised extensively on the FMA Act, the Commonwealth Authorities and Companies Act 1997 and the Auditor-General Act 1997. We frequently advise the Commonwealth government on the application of the CPRs and on Chief Executive Instructions made under the FMA Regulations.
On a State level, we advise on and comply with analogous State based legislative and policy requirements when acting for government.
As a leading adviser to industry on major infrastructure and outsourcing projects, we provide our government clients cutting-edge advice and knowledge of national and international developments in procurement. Using our suite of template documentation and procurement tools, we are able to offer government clients assistance in the preparation of:
- requests for expressions of interest;
- requests for tender and related documentation;
- contracts, deeds of standing offer and consultancy agreements;
- tender evaluation plans and reports;
- communication protocols; and
- risk assessment methodologies and matrices.
Our team has experience in drafting documentation that takes into account the unique needs of government on such issues as indemnities, warranties, insurance, performance management, dispute resolution and termination.
For sensitive and complex procurements, we facilitate the development of a risk assessment methodology in accordance with ISO certification standards and which aligns our government clients' business objectives with processes, appetite for risk and legal documentation.
MinterEllison's procurement team is recognised for its ability to provide legally accurate and commercially-focused advice to meet government business outcomes.